Helping telecommunications fraud settled more than 21 million four people to be sentenced to "criminal crime"

The crime of helping information network crime activities indicates that people know that others use information networks to implement crimes, and still provide Internet access, server custody, network storage, communication transmission and other technical support for their crimes, or provide advertising promotion, payment settlement and other help. The circumstances are serious. Acts, commonly known as "sin of faith". The help faith is often hit hard as the downstream crime of telecommunications fraud. Recently, the second instance of the Beijing Fourth Intermediate People's Court was concluded and involved in helping the telecommunications fraud payment settlement case. Wang and other four people ended in the law for the crime of helping the information network crime.

Retrospective

In June 2021, a bank card number provided by the public security organ arrested a bank card number provided by the victims provided by the telecommunications fraud, and Li Mou, who provided payment settlement for fraud and settlement by selling personal bank cards (handled another case), Li Mou confessed to the police to operate his bank card in specific operations. On the four -person criminal gang and event location, a downstream crime chain that helped telecommunications fraud with payment settlement services began to surface. A few days later, the police arrested four defendants such as Wang in a community in a community in Hebei, and the four confessed to the fact that the bank card used by others to help the information network criminal activity was confessed.

After Wang arrived in the case, when he was job hunting in the labor market, a man took the initiative to talk to Wang to ask whether he was willing to take over a "lightweight and money" job. After Wang agreed, he added a WeChat person who added a person "too difficult" according to the man's instructions, and attracted Shen Mou, Wang Moumou, and Huang of his fellow villagers to rented the "too difficult" remote instructions. Receive the bank cards and U shields from different sales cardholders, and the cardholders will complete the face recognition and transfer it after the transfers will be sent. The other operations will be completed by the computer remotely. During the period, "Too difficult" was transferred to Wang 500-800 yuan according to the daily transfer, and the daily salary of the other three people was 300 yuan. The four defendants also frequently replaced the rental place according to their instructions. Wang said that he already knew that he was engaged in illegal activities, but "three children in the family, needed money, and thought about doing it for a few days, but I didn't expect to be caught so soon." Huang also said, "At that time, there was no big deal to pick up the delivery person. If you do something for two days, you will not do it. There is a chance."

Bleak

Trial referee

The court found out that from May to June 2021, the defendants Wang, Huang, Wang Moumou, and Shen Mou used to obtain economic benefits and used 11 cards to know the upstream network illegal crimes, The main 20 bank cards and corresponding U shields and card owners have provided payment settlement for upstream network illegal crimes. Among the total amount involved, Wang participated in the payment settlement and settlement of RMB 20152354.18, and Huang participated in the payment settlement of RMB 19281561.87. Help Payment and settle 21436205.47 yuan.

In addition, the four defendants have division of labor in the process of actual crimes, and all directly obey the instructions of upstream network illegal criminals conducting people to take over and transfer activities. Among them, Wang Mou illegally made RMB 10,000, Huang Mou illegally made RMB 2700, Wang Moumou illegally made RMB 2,700, and Shenmou illegally made RMB 2,500.

In the end, the court of first instance sentenced the four defendants to the crime of helping the information network crime. Wang was sentenced to one year and three months and fined 10,000 yuan. ; Wang Moumou was sentenced to one year and two months, and he was punished for RMB 10,000; Shen Mou was sentenced to one year and fined 10,000 yuan. The second instance of the Beijing Fourth Intermediate People's Court maintained the original sentence.

Judge

In the context of cyber crime chain, the structural association of industrialization between upstream crimes and downstream crimes. Cyber ​​crimes such as telecommunications fraud have spread, and the help of network payment settlement services as a telecommunications fraud crime is the key to the incompleteness of telecommunications fraud crimes. Therefore, my country's "Criminal Law" specifically set up crime of helping information network crime activities to crack down on the above fraud.

The upstream crime of this case is the telecommunications fraud crime, and the fraudulentists use the name of the China Banking Regulatory Commission, JD Finance, Alipay Huayan or lied that the task is arguing, part -time deposit, and incorrect information on online loan information. People suffer from economic losses, less than thousands, as many as hundreds of thousands. In order to cover up the stolen money, telecom scam prisoners often transfer the money through rent and sell multiple bank cards, and hire a job seeker who lack money at the defendant in the case to engage in transfer payment activities.

Here, the judge reminds that the job opportunity of "lightweight and money" is often accompanied by high legal risks and costs. When the business is single and involved in frequent funding, the work location is closed and the frequent replacement, the work content is mysterious, the reward is rich, the work contact person refuses to meet or people is abroad, you are likely to accidentally become the "accomplices" of criminals. At this time, we must wake up in time to avoid paralysis and luck due to the temptation of interests.

Supply: Beijing Fourth Middle School

Author: Ma Zhihui Liu Jinning

Edit: Guo Zejin Yao Rihui

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